Illinois General Assembly - Full Text of SB3714
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Full Text of SB3714  102nd General Assembly

SB3714 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3714

 

Introduced 1/21/2022, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Capital Crimes Litigation Act of 2022. Creates the Capital Litigation Trust Fund. Provides that moneys deposited into the Trust Fund shall be used exclusively for the purposes of providing funding for the prosecution and defense of capital cases and for providing funding for post-conviction proceedings. Amends the State Finance Act. Repeals the Death Penalty Abolition Fund and reinstates the Capital Litigation Trust Fund. Amends the Criminal Code of 2012. Reinstates the death penalty if: (1) the murdered individual was a peace officer, fireman, an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician-paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; (2) the murdered individual was an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in the course of performing his or her official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties; or (3) the murdered individual was an investigator or caseworker with the Adult Protective Services Program or an ombudsman under the State Long Term Care Ombudsman Program of the Department on Aging, an investigator or employee of the Department of Children and Family Services, a special agent with the Illinois Liquor Control Commission or the Department of Revenue. Amends the Freedom of Information Act, the Code of Criminal Procedure of 1963, and the State Appellate Defender Act to make conforming changes.


LRB102 24196 RLC 33424 b

 

 

A BILL FOR

 

SB3714LRB102 24196 RLC 33424 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Capital Crimes Litigation Act of 2022.
 
6    Section 5. Appointment of trial counsel in death penalty
7cases. If an indigent defendant is charged with an offense for
8which a sentence of death is authorized, and the State's
9Attorney has not, at or before arraignment, filed a
10certificate indicating he or she will not seek the death
11penalty or stated on the record in open court that the death
12penalty will not be sought, the trial court shall immediately
13appoint the Public Defender, or any other qualified attorney
14or attorneys as the Illinois Supreme Court shall by rule
15provide, to represent the defendant as trial counsel. If the
16Public Defender is appointed, he or she shall immediately
17assign the attorney or attorneys who are public defenders to
18represent the defendant. The counsel shall meet the
19qualifications as the Supreme Court shall by rule provide. At
20the request of court appointed counsel in a case in which the
21death penalty is sought, attorneys employed by the State
22Appellate Defender may enter an appearance for the limited
23purpose of assisting counsel appointed under this Section.
 

 

 

SB3714- 2 -LRB102 24196 RLC 33424 b

1    Section 10. Court appointed trial counsel; compensation
2and expenses.
3    (a) This Section applies only to compensation and expenses
4of trial counsel appointed by the court as set forth in Section
55, other than public defenders, for the period after
6arraignment and so long as the State's Attorney has not, at any
7time, filed a certificate indicating he or she will not seek
8the death penalty or stated on the record in open court that
9the death penalty will not be sought.
10    (a-5) Litigation budget.
11        (1) In a case in which the State has filed a statement
12    of intent to seek the death penalty, the court shall
13    require appointed counsel, including those appointed in
14    Cook County, after counsel has had adequate time to review
15    the case and prior to engaging trial assistance, to submit
16    a proposed estimated litigation budget for court approval,
17    that will be subject to modification in light of facts and
18    developments that emerge as the case proceeds. Case
19    budgets should be submitted ex parte and filed and
20    maintained under seal in order to protect the defendant's
21    right to effective assistance of counsel, right not to
22    incriminate him or herself and all applicable privileges.
23    Case budgets shall be reviewed and approved by the judge
24    assigned to try the case. As provided under subsection (c)
25    of this Section, petitions for compensation shall be

 

 

SB3714- 3 -LRB102 24196 RLC 33424 b

1    reviewed by both the trial judge and the presiding judge
2    or the presiding judge's designee.
3        (2) The litigation budget shall serve purposes
4    comparable to those of private retainer agreements by
5    confirming both the court's and the attorney's
6    expectations regarding fees and expenses. Consideration
7    should be given to employing an ex parte pretrial
8    conference in order to facilitate reaching agreement on a
9    litigation budget at the earliest opportunity.
10        (3) The budget shall be incorporated into a sealed
11    initial pretrial order that reflects the understandings of
12    the court and counsel regarding all matters affecting
13    counsel compensation and reimbursement and payments for
14    investigative, expert and other services, including, but
15    not limited to, the following matters:
16            (A) the hourly rate at which counsel will be
17        compensated;
18            (B) the hourly rate at which private
19        investigators, other than investigators employed by
20        the Office of the State Appellate Defender, will be
21        compensated; and
22            (C) the best preliminary estimate that can be made
23        of the cost of all services, including, but not
24        limited to, counsel, expert, and investigative
25        services that are likely to be needed through the
26        guilt and penalty phases of the trial. The court shall

 

 

SB3714- 4 -LRB102 24196 RLC 33424 b

1        have discretion to require that budgets be prepared
2        for shorter intervals of time.
3        (4) Appointed counsel may obtain, subject to later
4    review, investigative, expert, or other services without
5    prior authorization if necessary for an adequate defense.
6    If the services are obtained, the presiding judge or the
7    presiding judge's designee shall consider in an ex parte
8    proceeding that timely procurement of necessary services
9    could not await prior authorization. If an ex parte
10    hearing is requested by defense counsel or deemed
11    necessary by the trial judge prior to modifying a budget,
12    the ex parte hearing shall be before the presiding judge
13    or the presiding judge's designee. The judge may then
14    authorize the services nunc pro tunc. If the presiding
15    judge or the presiding judge's designee finds that the
16    services were not reasonable, payment may be denied.
17        (5) An approved budget shall guide counsel's use of
18    time and resources by indicating the services for which
19    compensation is authorized. The case budget shall be
20    re-evaluated when justified by changed or unexpected
21    circumstances and shall be modified by the court when
22    reasonable and necessary for an adequate defense. If an ex
23    parte hearing is requested by defense counsel or deemed
24    necessary by the trial judge prior to modifying a budget,
25    the ex parte hearing shall be before the presiding judge
26    or the presiding judge's designee.

 

 

SB3714- 5 -LRB102 24196 RLC 33424 b

1    (b) Appointed trial counsel shall be compensated upon
2presentment and certification by the circuit court of a claim
3for services detailing the date, activity, and time duration
4for which compensation is sought. Compensation for appointed
5trial counsel may be paid at a reasonable rate not to exceed
6$125 per hour. The court shall not authorize payment of bills
7that are not properly itemized. A request for payment shall be
8presented under seal and reviewed ex parte with a court
9reporter present. Every January 20, the statutory rate
10prescribed in this subsection shall be automatically increased
11or decreased, as applicable, by a percentage equal to the
12percentage change in the consumer price index-u during the
13preceding 12-month calendar year. "Consumer price index-u"
14means the index published by the Bureau of Labor Statistics of
15the United States Department of Labor that measures the
16average change in prices of goods and services purchased by
17all urban consumers, United States city average, all items,
181982-84=100. The new rate resulting from each annual
19adjustment shall be determined by the State Treasurer and made
20available to the chief judge of each judicial circuit.
21    (c) Appointed trial counsel may also petition the court
22for certification of expenses for reasonable and necessary
23capital litigation expenses including, but not limited to,
24investigatory and other assistance, expert, forensic, and
25other witnesses, and mitigation specialists. Each provider of
26proposed services must specify the best preliminary estimate

 

 

SB3714- 6 -LRB102 24196 RLC 33424 b

1that can be made in light of information received in the case
2at that point, and the provider must sign this estimate under
3the provisions of Section 1-109 of the Code of Civil
4Procedure. A provider of proposed services must also specify:
5(1) his or her hourly rate; (2) the hourly rate of anyone else
6in his or her employ for whom reimbursement is sought; and (3)
7the hourly rate of any person or entity that may be
8subcontracted to perform these services. Counsel may not
9petition for certification of expenses that may have been
10provided or compensated by the State Appellate Defender under
11item (c)(5.1) of Section 10 of the State Appellate Defender
12Act. The petitions shall be filed under seal and considered ex
13parte but with a court reporter present for all ex parte
14conferences. If the requests are submitted after services have
15been rendered, the requests shall be supported by an invoice
16describing the services rendered, the dates the services were
17performed and the amount of time spent. These petitions shall
18be reviewed by both the trial judge and the presiding judge of
19the circuit court or the presiding judge's designee. The
20petitions and orders shall be kept under seal and shall be
21exempt from Freedom of Information requests until the
22conclusion of the trial, even if the prosecution chooses not
23to pursue the death penalty prior to trial or sentencing. If an
24ex parte hearing is requested by defense counsel or deemed
25necessary by the trial judge, the hearing shall be before the
26presiding judge or the presiding judge's designee.

 

 

SB3714- 7 -LRB102 24196 RLC 33424 b

1    (d) Appointed trial counsel shall petition the court for
2certification of compensation and expenses under this Section
3periodically during the course of counsel's representation.
4The petitions shall be supported by itemized bills showing the
5date, the amount of time spent, the work done, and the total
6being charged for each entry. The court shall not authorize
7payment of bills that are not properly itemized. The court
8must certify reasonable and necessary expenses of the
9petitioner for travel and per diem (lodging, meals, and
10incidental expenses). These expenses must be paid at the rate
11as promulgated by the United States General Services
12Administration for these expenses for the date and location in
13which they were incurred, unless extraordinary reasons are
14shown for the difference. The petitions shall be filed under
15seal and considered ex parte but with a court reporter present
16for all ex parte conferences. The petitions shall be reviewed
17by both the trial judge and the presiding judge of the circuit
18court or the presiding judge's designee. If an ex parte
19hearing is requested by defense counsel or deemed necessary by
20the trial judge, the ex parte hearing shall be before the
21presiding judge or the presiding judge's designee. If the
22court determines that the compensation and expenses should be
23paid from the Capital Litigation Trust Fund, the court shall
24certify, on a form created by the State Treasurer, that all or
25a designated portion of the amount requested is reasonable,
26necessary, and appropriate for payment from the Trust Fund.

 

 

SB3714- 8 -LRB102 24196 RLC 33424 b

1The form must also be signed by lead trial counsel under the
2provisions of Section 1-109 of the Code of Civil Procedure
3verifying that the amount requested is reasonable, necessary,
4and appropriate. Bills submitted for payment by any individual
5or entity seeking payment from the Capital Litigation Trust
6Fund must also be accompanied by a form created by the State
7Treasurer and signed by the individual or responsible agent of
8the entity under the provisions of Section 1-109 of the Code of
9Civil Procedure that the amount requested is accurate and
10truthful and reflects time spent or expenses incurred.
11Certification of compensation and expenses by a court in any
12county other than Cook County shall be delivered by the court
13to the State Treasurer and must be paid by the State Treasurer
14directly from the Capital Litigation Trust Fund if there are
15sufficient moneys in the Trust Fund to pay the compensation
16and expenses. If the State Treasurer finds within 14 days of
17his or her receipt of a certification that the compensation
18and expenses to be paid are unreasonable, unnecessary, or
19inappropriate, he or she may return the certification to the
20court setting forth in detail the objection or objections with
21a request for the court to review the objection or objections
22before resubmitting the certification. The State Treasurer
23must send the claimant a copy of the objection or objections.
24The State Treasurer may only seek a review of a specific
25objection once. The claimant has 7 days from his or her receipt
26of the objections to file a response with the court. With or

 

 

SB3714- 9 -LRB102 24196 RLC 33424 b

1without further hearing, the court must promptly rule on the
2objections. The petitions and orders shall be kept under seal
3and shall be exempt from Freedom of Information requests until
4the conclusion of the trial and appeal of the case, even if the
5prosecution chooses not to pursue the death penalty prior to
6trial or sentencing. Certification of compensation and
7expenses by a court in Cook County shall be delivered by the
8court to the county treasurer and paid by the county treasurer
9from moneys granted to the county from the Capital Litigation
10Trust Fund.
 
11    Section 15. Capital Litigation Trust Fund.
12    (a) The Capital Litigation Trust Fund is created as a
13special fund in the State Treasury. The Trust Fund shall be
14administered by the State Treasurer to provide moneys for the
15appropriations to be made, grants to be awarded, and
16compensation and expenses to be paid under this Act. All
17interest earned from the investment or deposit of moneys
18accumulated in the Trust Fund shall, under Section 4.1 of the
19State Finance Act, be deposited into the Trust Fund.
20    (b) Moneys deposited into the Trust Fund shall not be
21considered general revenue of the State of Illinois.
22    (c) Moneys deposited into the Trust Fund shall be used
23exclusively for the purposes of providing funding for the
24prosecution and defense of capital cases and for providing
25funding for post-conviction proceedings in capital cases under

 

 

SB3714- 10 -LRB102 24196 RLC 33424 b

1Article 122 of the Code of Criminal Procedure of 1963 and in
2relation to petitions filed under Section 2-1401 of the Code
3of Civil Procedure in relation to capital cases as provided in
4this Act and shall not be appropriated, loaned, or in any
5manner transferred to the General Revenue Fund of the State of
6Illinois.
7    (d) Every fiscal year the State Treasurer shall transfer
8from the General Revenue Fund to the Capital Litigation Trust
9Fund an amount equal to the full amount of moneys appropriated
10by the General Assembly (both by original and supplemental
11appropriation), less any unexpended balance from the previous
12fiscal year, from the Capital Litigation Trust Fund for the
13specific purpose of making funding available for the
14prosecution and defense of capital cases and for the
15litigation expenses associated with post-conviction
16proceedings in capital cases under Article 122 of the Code of
17Criminal Procedure of 1963 and in relation to petitions filed
18under Section 2-1401 of the Code of Civil Procedure in
19relation to capital cases. The Public Defender and State's
20Attorney in Cook County, the State Appellate Defender, the
21State's Attorneys Appellate Prosecutor, and the Attorney
22General shall make annual requests for appropriations from the
23Trust Fund.
24        (1) The Public Defender in Cook County shall request
25    appropriations to the State Treasurer for expenses
26    incurred by the Public Defender and for funding for

 

 

SB3714- 11 -LRB102 24196 RLC 33424 b

1    private appointed defense counsel in Cook County.
2        (2) The State's Attorney in Cook County shall request
3    an appropriation to the State Treasurer for expenses
4    incurred by the State's Attorney.
5        (3) The State Appellate Defender shall request a
6    direct appropriation from the Trust Fund for expenses
7    incurred by the State Appellate Defender in providing
8    assistance to trial attorneys under item (c)(5.1) of
9    Section 10 of the State Appellate Defender Act and for
10    expenses incurred by the State Appellate Defender in
11    representing petitioners in capital cases in
12    post-conviction proceedings under Article 122 of the Code
13    of Criminal Procedure of 1963 and in relation to petitions
14    filed under Section 2-1401 of the Code of Civil Procedure
15    in relation to capital cases and for the representation of
16    those petitioners by attorneys approved by or contracted
17    with the State Appellate Defender and an appropriation to
18    the State Treasurer for payments from the Trust Fund for
19    the defense of cases in counties other than Cook County.
20        (4) The State's Attorneys Appellate Prosecutor shall
21    request a direct appropriation from the Trust Fund to pay
22    expenses incurred by the State's Attorneys Appellate
23    Prosecutor and an appropriation to the State Treasurer for
24    payments from the Trust Fund for expenses incurred by
25    State's Attorneys in counties other than Cook County.
26        (5) The Attorney General shall request a direct

 

 

SB3714- 12 -LRB102 24196 RLC 33424 b

1    appropriation from the Trust Fund to pay expenses incurred
2    by the Attorney General in assisting the State's Attorneys
3    in counties other than Cook County and to pay for expenses
4    incurred by the Attorney General when the Attorney General
5    is ordered by the presiding judge of the Criminal Division
6    of the Circuit Court of Cook County to prosecute or
7    supervise the prosecution of Cook County cases and for
8    expenses incurred by the Attorney General in representing
9    the State in post-conviction proceedings in capital cases
10    under Article 122 of the Code of Criminal Procedure of
11    1963 and in relation to petitions filed under Section
12    2-1401 of the Code of Civil Procedure in relation to
13    capital cases. The Public Defender and State's Attorney in
14    Cook County, the State Appellate Defender, the State's
15    Attorneys Appellate Prosecutor, and the Attorney General
16    may each request supplemental appropriations from the
17    Trust Fund during the fiscal year.
18    (e) Moneys in the Trust Fund shall be expended only as
19follows:
20        (1) To pay the State Treasurer's costs to administer
21    the Trust Fund. The amount for this purpose may not exceed
22    5% in any one fiscal year of the amount otherwise
23    appropriated from the Trust Fund in the same fiscal year.
24        (2) To pay the capital litigation expenses of trial
25    defense and post-conviction proceedings in capital cases
26    under Article 122 of the Code of Criminal Procedure of

 

 

SB3714- 13 -LRB102 24196 RLC 33424 b

1    1963 and in relation to petitions filed under Section
2    2-1401 of the Code of Civil Procedure in relation to
3    capital cases including, but not limited to, DNA testing,
4    including DNA testing under Section 116-3 of the Code of
5    Criminal Procedure of 1963, analysis, and expert
6    testimony, investigatory and other assistance, expert,
7    forensic, and other witnesses, and mitigation specialists,
8    and grants and aid provided to public defenders, appellate
9    defenders, and any attorney approved by or contracted with
10    the State Appellate Defender representing petitioners in
11    post-conviction proceedings in capital cases under Article
12    122 of the Code of Criminal Procedure of 1963 and in
13    relation to petitions filed under Section 2-1401 of the
14    Code of Civil Procedure in relation to capital cases or
15    assistance to attorneys who have been appointed by the
16    court to represent defendants who are charged with capital
17    crimes. Reasonable and necessary capital litigation
18    expenses include travel and per diem (lodging, meals, and
19    incidental expenses).
20        (3) To pay the compensation of trial attorneys, other
21    than public defenders or appellate defenders, who have
22    been appointed by the court to represent defendants who
23    are charged with capital crimes or attorneys approved by
24    or contracted with the State Appellate Defender to
25    represent petitioners in post-conviction proceedings in
26    capital cases under Article 122 of the Code of Criminal

 

 

SB3714- 14 -LRB102 24196 RLC 33424 b

1    Procedure of 1963 and in relation to petitions filed under
2    Section 2-1401 of the Code of Civil Procedure in relation
3    to capital cases.
4        (4) To provide State's Attorneys with funding for
5    capital litigation expenses and for expenses of
6    representing the State in post-conviction proceedings in
7    capital cases under Article 122 of the Code of Criminal
8    Procedure of 1963 and in relation to petitions filed under
9    Section 2-1401 of the Code of Civil Procedure in relation
10    to capital cases including, but not limited to,
11    investigatory and other assistance and expert, forensic,
12    and other witnesses necessary to prosecute capital cases.
13    State's Attorneys in any county other than Cook County
14    seeking funding for capital litigation expenses and for
15    expenses of representing the State in post-conviction
16    proceedings in capital cases under Article 122 of the Code
17    of Criminal Procedure of 1963 and in relation to petitions
18    filed under Section 2-1401 of the Code of Civil Procedure
19    in relation to capital cases including, but not limited
20    to, investigatory and other assistance and expert,
21    forensic, or other witnesses under this Section may
22    request that the State's Attorneys Appellate Prosecutor or
23    the Attorney General, as the case may be, certify the
24    expenses as reasonable, necessary, and appropriate for
25    payment from the Trust Fund, on a form created by the State
26    Treasurer. Upon certification of the expenses and delivery

 

 

SB3714- 15 -LRB102 24196 RLC 33424 b

1    of the certification to the State Treasurer, the Treasurer
2    shall pay the expenses directly from the Capital
3    Litigation Trust Fund if there are sufficient moneys in
4    the Trust Fund to pay the expenses.
5        (5) To provide financial support through the Attorney
6    General under the Attorney General Act for the several
7    county State's Attorneys outside of Cook County, but shall
8    not be used to increase personnel for the Attorney
9    General's Office, except when the Attorney General is
10    ordered by the presiding judge of the Criminal Division of
11    the Circuit Court of Cook County to prosecute or supervise
12    the prosecution of Cook County cases.
13        (6) To provide financial support through the State's
14    Attorneys Appellate Prosecutor under the State's Attorneys
15    Appellate Prosecutor's Act for the several county State's
16    Attorneys outside of Cook County, but shall not be used to
17    increase personnel for the State's Attorneys Appellate
18    Prosecutor.
19        (7) To provide financial support to the State
20    Appellate Defender under the State Appellate Defender Act.
21    Moneys expended from the Trust Fund shall be in addition
22    to county funding for Public Defenders and State's
23    Attorneys, and shall not be used to supplant or reduce
24    ordinary and customary county funding.
25    (f) Moneys in the Trust Fund shall be appropriated to the
26State Appellate Defender, the State's Attorneys Appellate

 

 

SB3714- 16 -LRB102 24196 RLC 33424 b

1Prosecutor, the Attorney General, and the State Treasurer. The
2State Appellate Defender shall receive an appropriation from
3the Trust Fund to enable it to provide assistance to appointed
4defense counsel and attorneys approved by or contracted with
5the State Appellate Defender to represent petitioners in
6post-conviction proceedings in capital cases under Article 122
7of the Code of Criminal Procedure of 1963 and in relation to
8petitions filed under Section 2-1401 of the Code of Civil
9Procedure in relation to capital cases throughout the State
10and to Public Defenders in counties other than Cook. The
11State's Attorneys Appellate Prosecutor and the Attorney
12General shall receive appropriations from the Trust Fund to
13enable them to provide assistance to State's Attorneys in
14counties other than Cook County and when the Attorney General
15is ordered by the presiding judge of the Criminal Division of
16the Circuit Court of Cook County to prosecute or supervise the
17prosecution of Cook County cases. Moneys shall be appropriated
18to the State Treasurer to enable the Treasurer: (i) to make
19grants to Cook County; (ii) to pay the expenses of Public
20Defenders, the State Appellate Defender, the Attorney General,
21the Office of the State's Attorneys Appellate Prosecutor, and
22State's Attorneys in counties other than Cook County; (iii) to
23pay the expenses and compensation of appointed defense counsel
24and attorneys approved by or contracted with the State
25Appellate Defender to represent petitioners in post-conviction
26proceedings in capital cases under Article 122 of the Code of

 

 

SB3714- 17 -LRB102 24196 RLC 33424 b

1Criminal Procedure of 1963 and in relation to petitions filed
2under Section 2-1401 of the Code of Civil Procedure in
3relation to capital cases in counties other than Cook County;
4and (iv) to pay the costs of administering the Trust Fund. All
5expenditures and grants made from the Trust Fund shall be
6subject to audit by the Auditor General.
7    (g) For Cook County, grants from the Trust Fund shall be
8made and administered as follows:
9        (1) For each State fiscal year, the State's Attorney
10    and Public Defender must each make a separate application
11    to the State Treasurer for capital litigation grants.
12        (2) The State Treasurer shall establish rules and
13    procedures for grant applications. The rules shall require
14    the Cook County Treasurer as the grant recipient to report
15    on a periodic basis to the State Treasurer how much of the
16    grant has been expended, how much of the grant is
17    remaining, and the purposes for which the grant has been
18    used. The rules may also require the Cook County Treasurer
19    to certify on a periodic basis that expenditures of the
20    funds have been made for expenses that are reasonable,
21    necessary, and appropriate for payment from the Trust
22    Fund.
23        (3) The State Treasurer shall make the grants to the
24    Cook County Treasurer as soon as possible after the
25    beginning of the State fiscal year.
26        (4) The State's Attorney or Public Defender may apply

 

 

SB3714- 18 -LRB102 24196 RLC 33424 b

1    for supplemental grants during the fiscal year.
2        (5) Grant moneys shall be paid to the Cook County
3    Treasurer in block grants and held in separate accounts
4    for the State's Attorney, the Public Defender, and court
5    appointed defense counsel other than the Cook County
6    Public Defender, respectively, for the designated fiscal
7    year, and are not subject to county appropriation.
8        (6) Expenditure of grant moneys under this subsection
9    (g) is subject to audit by the Auditor General.
10        (7) The Cook County Treasurer shall immediately make
11    payment from the appropriate separate account in the
12    county treasury for capital litigation expenses to the
13    State's Attorney, Public Defender, or court appointed
14    defense counsel other than the Public Defender, as the
15    case may be, upon order of the State's Attorney, Public
16    Defender or the court, respectively.
17    (h) If a defendant in a capital case in Cook County is
18represented by court appointed counsel other than the Cook
19County Public Defender, the appointed counsel shall petition
20the court for an order directing the Cook County Treasurer to
21pay the court appointed counsel's reasonable and necessary
22compensation and capital litigation expenses from grant moneys
23provided from the Trust Fund. The petitions shall be supported
24by itemized bills showing the date, the amount of time spent,
25the work done, and the total being charged for each entry. The
26court shall not authorize payment of bills that are not

 

 

SB3714- 19 -LRB102 24196 RLC 33424 b

1properly itemized. The petitions shall be filed under seal and
2considered ex parte but with a court reporter present for all
3ex parte conferences. The petitions shall be reviewed by both
4the trial judge and the presiding judge of the circuit court or
5the presiding judge's designee. The petitions and orders shall
6be kept under seal and shall be exempt from Freedom of
7Information requests until the conclusion of the trial and
8appeal of the case, even if the prosecution chooses not to
9pursue the death penalty prior to trial or sentencing. Orders
10denying petitions for compensation or expenses are final.
11Counsel may not petition for expenses that may have been
12provided or compensated by the State Appellate Defender under
13item (c)(5.1) of Section 10 of the State Appellate Defender
14Act.
15    (i) In counties other than Cook County, and when the
16Attorney General is ordered by the presiding judge of the
17Criminal Division of the Circuit Court of Cook County to
18prosecute or supervise the prosecution of Cook County cases,
19and excluding capital litigation expenses or services that may
20have been provided by the State Appellate Defender under item
21(c)(5.1) of Section 10 of the State Appellate Defender Act:
22        (1) Upon certification by the circuit court, on a form
23    created by the State Treasurer, that all or a portion of
24    the expenses are reasonable, necessary, and appropriate
25    for payment from the Trust Fund and the court's delivery
26    of the certification to the Treasurer, the Treasurer shall

 

 

SB3714- 20 -LRB102 24196 RLC 33424 b

1    pay the certified expenses of Public Defenders and the
2    State Appellate Defender from the money appropriated to
3    the Treasurer for capital litigation expenses of Public
4    Defenders and post-conviction proceeding expenses in
5    capital cases of the State Appellate Defender and expenses
6    in relation to petitions filed under Section 2-1401 of the
7    Code of Civil Procedure in relation to capital cases in
8    any county other than Cook County, if there are sufficient
9    moneys in the Trust Fund to pay the expenses.
10        (2) If a defendant in a capital case is represented by
11    court appointed counsel other than the Public Defender,
12    the appointed counsel shall petition the court to certify
13    compensation and capital litigation expenses including,
14    but not limited to, investigatory and other assistance,
15    expert, forensic, and other witnesses, and mitigation
16    specialists as reasonable, necessary, and appropriate for
17    payment from the Trust Fund. If a petitioner in a capital
18    case who has filed a petition for post-conviction relief
19    under Article 122 of the Code of Criminal Procedure of
20    1963 or a petition under Section 2-1401 of the Code of
21    Civil Procedure in relation to capital cases is
22    represented by an attorney approved by or contracted with
23    the State Appellate Defender other than the State
24    Appellate Defender, that attorney shall petition the court
25    to certify compensation and litigation expenses of
26    post-conviction proceedings under Article 122 of the Code

 

 

SB3714- 21 -LRB102 24196 RLC 33424 b

1    of Criminal Procedure of 1963 or in relation to petitions
2    filed under Section 2-1401 of the Code of Civil Procedure
3    in relation to capital cases. Upon certification on a form
4    created by the State Treasurer of all or a portion of the
5    compensation and expenses certified as reasonable,
6    necessary, and appropriate for payment from the Trust Fund
7    and the court's delivery of the certification to the
8    Treasurer, the State Treasurer shall pay the certified
9    compensation and expenses from the money appropriated to
10    the Treasurer for that purpose, if there are sufficient
11    moneys in the Trust Fund to make those payments.
12        (3) A petition for capital litigation expenses or
13    post-conviction proceeding expenses or expenses incurred
14    in filing a petition under Section 2-1401 of the Code of
15    Civil Procedure in relation to capital cases under this
16    subsection shall be considered under seal and reviewed ex
17    parte with a court reporter present. Orders denying
18    petitions for compensation or expenses are final.
19    (j) If the Trust Fund is discontinued or dissolved by an
20Act of the General Assembly or by operation of law, any balance
21remaining in the Trust Fund shall be returned to the General
22Revenue Fund after deduction of administrative costs, any
23other provision of this Act to the contrary notwithstanding.
 
24    Section 90. The Freedom of Information Act is amended by
25changing Section 7.5 as follows:
 

 

 

SB3714- 22 -LRB102 24196 RLC 33424 b

1    (5 ILCS 140/7.5)
2    Sec. 7.5. Statutory exemptions. To the extent provided for
3by the statutes referenced below, the following shall be
4exempt from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other
14    records prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of

 

 

SB3714- 23 -LRB102 24196 RLC 33424 b

1    the Architectural, Engineering, and Land Surveying
2    Qualifications Based Selection Act.
3        (g) Information the disclosure of which is restricted
4    and exempted under Section 50 of the Illinois Prepaid
5    Tuition Act.
6        (h) Information the disclosure of which is exempted
7    under the State Officials and Employees Ethics Act, and
8    records of any lawfully created State or local inspector
9    general's office that would be exempt if created or
10    obtained by an Executive Inspector General's office under
11    that Act.
12        (i) Information contained in a local emergency energy
13    plan submitted to a municipality in accordance with a
14    local emergency energy plan ordinance that is adopted
15    under Section 11-21.5-5 of the Illinois Municipal Code.
16        (j) Information and data concerning the distribution
17    of surcharge moneys collected and remitted by carriers
18    under the Emergency Telephone System Act.
19        (k) Law enforcement officer identification information
20    or driver identification information compiled by a law
21    enforcement agency or the Department of Transportation
22    under Section 11-212 of the Illinois Vehicle Code.
23        (l) Records and information provided to a residential
24    health care facility resident sexual assault and death
25    review team or the Executive Council under the Abuse
26    Prevention Review Team Act.

 

 

SB3714- 24 -LRB102 24196 RLC 33424 b

1        (m) Information provided to the predatory lending
2    database created pursuant to Article 3 of the Residential
3    Real Property Disclosure Act, except to the extent
4    authorized under that Article.
5        (n) Defense budgets and petitions for certification of
6    compensation and expenses for court appointed trial
7    counsel as provided under Sections 10 and 15 of the
8    Capital Crimes Litigation Act of 2022. This subsection (n)
9    shall apply until the conclusion of the trial of the case,
10    even if the prosecution chooses not to pursue the death
11    penalty prior to trial or sentencing.
12        (o) Information that is prohibited from being
13    disclosed under Section 4 of the Illinois Health and
14    Hazardous Substances Registry Act.
15        (p) Security portions of system safety program plans,
16    investigation reports, surveys, schedules, lists, data, or
17    information compiled, collected, or prepared by or for the
18    Department of Transportation under Sections 2705-300 and
19    2705-616 of the Department of Transportation Law of the
20    Civil Administrative Code of Illinois, the Regional
21    Transportation Authority under Section 2.11 of the
22    Regional Transportation Authority Act, or the St. Clair
23    County Transit District under the Bi-State Transit Safety
24    Act.
25        (q) Information prohibited from being disclosed by the
26    Personnel Record Review Act.

 

 

SB3714- 25 -LRB102 24196 RLC 33424 b

1        (r) Information prohibited from being disclosed by the
2    Illinois School Student Records Act.
3        (s) Information the disclosure of which is restricted
4    under Section 5-108 of the Public Utilities Act.
5        (t) All identified or deidentified health information
6    in the form of health data or medical records contained
7    in, stored in, submitted to, transferred by, or released
8    from the Illinois Health Information Exchange, and
9    identified or deidentified health information in the form
10    of health data and medical records of the Illinois Health
11    Information Exchange in the possession of the Illinois
12    Health Information Exchange Office due to its
13    administration of the Illinois Health Information
14    Exchange. The terms "identified" and "deidentified" shall
15    be given the same meaning as in the Health Insurance
16    Portability and Accountability Act of 1996, Public Law
17    104-191, or any subsequent amendments thereto, and any
18    regulations promulgated thereunder.
19        (u) Records and information provided to an independent
20    team of experts under the Developmental Disability and
21    Mental Health Safety Act (also known as Brian's Law).
22        (v) Names and information of people who have applied
23    for or received Firearm Owner's Identification Cards under
24    the Firearm Owners Identification Card Act or applied for
25    or received a concealed carry license under the Firearm
26    Concealed Carry Act, unless otherwise authorized by the

 

 

SB3714- 26 -LRB102 24196 RLC 33424 b

1    Firearm Concealed Carry Act; and databases under the
2    Firearm Concealed Carry Act, records of the Concealed
3    Carry Licensing Review Board under the Firearm Concealed
4    Carry Act, and law enforcement agency objections under the
5    Firearm Concealed Carry Act.
6        (v-5) Records of the Firearm Owner's Identification
7    Card Review Board that are exempted from disclosure under
8    Section 10 of the Firearm Owners Identification Card Act.
9        (w) Personally identifiable information which is
10    exempted from disclosure under subsection (g) of Section
11    19.1 of the Toll Highway Act.
12        (x) Information which is exempted from disclosure
13    under Section 5-1014.3 of the Counties Code or Section
14    8-11-21 of the Illinois Municipal Code.
15        (y) Confidential information under the Adult
16    Protective Services Act and its predecessor enabling
17    statute, the Elder Abuse and Neglect Act, including
18    information about the identity and administrative finding
19    against any caregiver of a verified and substantiated
20    decision of abuse, neglect, or financial exploitation of
21    an eligible adult maintained in the Registry established
22    under Section 7.5 of the Adult Protective Services Act.
23        (z) Records and information provided to a fatality
24    review team or the Illinois Fatality Review Team Advisory
25    Council under Section 15 of the Adult Protective Services
26    Act.

 

 

SB3714- 27 -LRB102 24196 RLC 33424 b

1        (aa) Information which is exempted from disclosure
2    under Section 2.37 of the Wildlife Code.
3        (bb) Information which is or was prohibited from
4    disclosure by the Juvenile Court Act of 1987.
5        (cc) Recordings made under the Law Enforcement
6    Officer-Worn Body Camera Act, except to the extent
7    authorized under that Act.
8        (dd) Information that is prohibited from being
9    disclosed under Section 45 of the Condominium and Common
10    Interest Community Ombudsperson Act.
11        (ee) Information that is exempted from disclosure
12    under Section 30.1 of the Pharmacy Practice Act.
13        (ff) Information that is exempted from disclosure
14    under the Revised Uniform Unclaimed Property Act.
15        (gg) Information that is prohibited from being
16    disclosed under Section 7-603.5 of the Illinois Vehicle
17    Code.
18        (hh) Records that are exempt from disclosure under
19    Section 1A-16.7 of the Election Code.
20        (ii) Information which is exempted from disclosure
21    under Section 2505-800 of the Department of Revenue Law of
22    the Civil Administrative Code of Illinois.
23        (jj) Information and reports that are required to be
24    submitted to the Department of Labor by registering day
25    and temporary labor service agencies but are exempt from
26    disclosure under subsection (a-1) of Section 45 of the Day

 

 

SB3714- 28 -LRB102 24196 RLC 33424 b

1    and Temporary Labor Services Act.
2        (kk) Information prohibited from disclosure under the
3    Seizure and Forfeiture Reporting Act.
4        (ll) Information the disclosure of which is restricted
5    and exempted under Section 5-30.8 of the Illinois Public
6    Aid Code.
7        (mm) Records that are exempt from disclosure under
8    Section 4.2 of the Crime Victims Compensation Act.
9        (nn) Information that is exempt from disclosure under
10    Section 70 of the Higher Education Student Assistance Act.
11        (oo) Communications, notes, records, and reports
12    arising out of a peer support counseling session
13    prohibited from disclosure under the First Responders
14    Suicide Prevention Act.
15        (pp) Names and all identifying information relating to
16    an employee of an emergency services provider or law
17    enforcement agency under the First Responders Suicide
18    Prevention Act.
19        (qq) Information and records held by the Department of
20    Public Health and its authorized representatives collected
21    under the Reproductive Health Act.
22        (rr) Information that is exempt from disclosure under
23    the Cannabis Regulation and Tax Act.
24        (ss) Data reported by an employer to the Department of
25    Human Rights pursuant to Section 2-108 of the Illinois
26    Human Rights Act.

 

 

SB3714- 29 -LRB102 24196 RLC 33424 b

1        (tt) Recordings made under the Children's Advocacy
2    Center Act, except to the extent authorized under that
3    Act.
4        (uu) Information that is exempt from disclosure under
5    Section 50 of the Sexual Assault Evidence Submission Act.
6        (vv) Information that is exempt from disclosure under
7    subsections (f) and (j) of Section 5-36 of the Illinois
8    Public Aid Code.
9        (ww) Information that is exempt from disclosure under
10    Section 16.8 of the State Treasurer Act.
11        (xx) Information that is exempt from disclosure or
12    information that shall not be made public under the
13    Illinois Insurance Code.
14        (yy) Information prohibited from being disclosed under
15    the Illinois Educational Labor Relations Act.
16        (zz) Information prohibited from being disclosed under
17    the Illinois Public Labor Relations Act.
18        (aaa) Information prohibited from being disclosed
19    under Section 1-167 of the Illinois Pension Code.
20        (bbb) (ccc) Information that is prohibited from
21    disclosure by the Illinois Police Training Act and the
22    Illinois State Police Act.
23        (ccc) (ddd) Records exempt from disclosure under
24    Section 2605-304 of the Illinois Department of State
25    Police Law of the Civil Administrative Code of Illinois.
26        (ddd) (bbb) Information prohibited from being

 

 

SB3714- 30 -LRB102 24196 RLC 33424 b

1    disclosed under Section 35 of the Address Confidentiality
2    for Victims of Domestic Violence, Sexual Assault, Human
3    Trafficking, or Stalking Act.
4        (eee) (ddd) Information prohibited from being
5    disclosed under subsection (b) of Section 75 of the
6    Domestic Violence Fatality Review Act.
7(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
8101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
91-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
10eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
11101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
121-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
13eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
14102-559, eff. 8-20-21; revised 10-5-21.)
 
15    Section 95. The State Finance Act is amended by adding
16Section 5.965 as follows:
 
17    (30 ILCS 105/5.965 new)
18    Sec. 5.965. The Capital Litigation Trust Fund.
 
19    (30 ILCS 105/5.790 rep.)
20    Section 100. The State Finance Act is amended by repealing
21Section 5.790.
 
22    Section 105. The Criminal Code of 2012 is amended by

 

 

SB3714- 31 -LRB102 24196 RLC 33424 b

1changing Section 9-1 as follows:
 
2    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
3    Sec. 9-1. First degree murder; death penalties;
4exceptions; separate hearings; proof; findings; appellate
5procedures; reversals.
6    (a) A person who kills an individual without lawful
7justification commits first degree murder if, in performing
8the acts which cause the death:
9        (1) he or she either intends to kill or do great bodily
10    harm to that individual or another, or knows that such
11    acts will cause death to that individual or another; or
12        (2) he or she knows that such acts create a strong
13    probability of death or great bodily harm to that
14    individual or another; or
15        (3) he or she, acting alone or with one or more
16    participants, commits or attempts to commit a forcible
17    felony other than second degree murder, and in the course
18    of or in furtherance of such crime or flight therefrom, he
19    or she or another participant causes the death of a
20    person.
21    (b) Aggravating Factors. A defendant who at the time of
22the commission of the offense has attained the age of 18 or
23more and who has been found guilty of first degree murder may
24be sentenced to death if:
25        (1) the murdered individual was a peace officer or

 

 

SB3714- 32 -LRB102 24196 RLC 33424 b

1    fireman killed in the course of performing his or her
2    official duties, to prevent the performance of his or her
3    official duties, or in retaliation for performing his or
4    her official duties, and the defendant knew or should have
5    known that the murdered individual was a peace officer or
6    fireman; or
7        (2) the murdered individual was an employee of an
8    institution or facility of the Department of Corrections,
9    or any similar local correctional agency, killed in the
10    course of performing his or her official duties, to
11    prevent the performance of his or her official duties, or
12    in retaliation for performing his or her official duties,
13    or the murdered individual was an inmate at such
14    institution or facility and was killed on the grounds
15    thereof, or the murdered individual was otherwise present
16    in such institution or facility with the knowledge and
17    approval of the chief administrative officer thereof; or
18        (3) (blank) the defendant has been convicted of
19    murdering two or more individuals under subsection (a) of
20    this Section or under any law of the United States or of
21    any state which is substantially similar to subsection (a)
22    of this Section regardless of whether the deaths occurred
23    as the result of the same act or of several related or
24    unrelated acts so long as the deaths were the result of
25    either an intent to kill more than one person or of
26    separate acts which the defendant knew would cause death

 

 

SB3714- 33 -LRB102 24196 RLC 33424 b

1    or create a strong probability of death or great bodily
2    harm to the murdered individual or another; or
3        (4) (blank) the murdered individual was killed as a
4    result of the hijacking of an airplane, train, ship, bus,
5    or other public conveyance; or
6        (5) (blank) the defendant committed the murder
7    pursuant to a contract, agreement, or understanding by
8    which he or she was to receive money or anything of value
9    in return for committing the murder or procured another to
10    commit the murder for money or anything of value; or
11        (6) (blank) the murdered individual was killed in the
12    course of another felony if:
13            (a) the murdered individual:
14                (i) was actually killed by the defendant, or
15                (ii) received physical injuries personally
16            inflicted by the defendant substantially
17            contemporaneously with physical injuries caused by
18            one or more persons for whose conduct the
19            defendant is legally accountable under Section 5-2
20            of this Code, and the physical injuries inflicted
21            by either the defendant or the other person or
22            persons for whose conduct he is legally
23            accountable caused the death of the murdered
24            individual; and
25            (b) in performing the acts which caused the death
26        of the murdered individual or which resulted in

 

 

SB3714- 34 -LRB102 24196 RLC 33424 b

1        physical injuries personally inflicted by the
2        defendant on the murdered individual under the
3        circumstances of subdivision (ii) of subparagraph (a)
4        of paragraph (6) of subsection (b) of this Section,
5        the defendant acted with the intent to kill the
6        murdered individual or with the knowledge that his
7        acts created a strong probability of death or great
8        bodily harm to the murdered individual or another; and
9            (c) the other felony was an inherently violent
10        crime or the attempt to commit an inherently violent
11        crime. In this subparagraph (c), "inherently violent
12        crime" includes, but is not limited to, armed robbery,
13        robbery, predatory criminal sexual assault of a child,
14        aggravated criminal sexual assault, aggravated
15        kidnapping, aggravated vehicular hijacking, aggravated
16        arson, aggravated stalking, residential burglary, and
17        home invasion; or
18        (7) (blank) the murdered individual was under 12 years
19    of age and the death resulted from exceptionally brutal or
20    heinous behavior indicative of wanton cruelty; or
21        (8) (blank) the defendant committed the murder with
22    intent to prevent the murdered individual from testifying
23    or participating in any criminal investigation or
24    prosecution or giving material assistance to the State in
25    any investigation or prosecution, either against the
26    defendant or another; or the defendant committed the

 

 

SB3714- 35 -LRB102 24196 RLC 33424 b

1    murder because the murdered individual was a witness in
2    any prosecution or gave material assistance to the State
3    in any investigation or prosecution, either against the
4    defendant or another; for purposes of this paragraph (8),
5    "participating in any criminal investigation or
6    prosecution" is intended to include those appearing in the
7    proceedings in any capacity such as trial judges,
8    prosecutors, defense attorneys, investigators, witnesses,
9    or jurors; or
10        (9) (blank) the defendant, while committing an offense
11    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
12    407 or 407.1 or subsection (b) of Section 404 of the
13    Illinois Controlled Substances Act, or while engaged in a
14    conspiracy or solicitation to commit such offense,
15    intentionally killed an individual or counseled,
16    commanded, induced, procured or caused the intentional
17    killing of the murdered individual; or
18        (10) (blank) the defendant was incarcerated in an
19    institution or facility of the Department of Corrections
20    at the time of the murder, and while committing an offense
21    punishable as a felony under Illinois law, or while
22    engaged in a conspiracy or solicitation to commit such
23    offense, intentionally killed an individual or counseled,
24    commanded, induced, procured or caused the intentional
25    killing of the murdered individual; or
26        (11) (blank) the murder was committed in a cold,

 

 

SB3714- 36 -LRB102 24196 RLC 33424 b

1    calculated and premeditated manner pursuant to a
2    preconceived plan, scheme or design to take a human life
3    by unlawful means, and the conduct of the defendant
4    created a reasonable expectation that the death of a human
5    being would result therefrom; or
6        (12) the murdered individual was an emergency medical
7    technician - ambulance, emergency medical technician -
8    intermediate, emergency medical technician - paramedic,
9    ambulance driver, or other medical assistance or first aid
10    personnel, employed by a municipality or other
11    governmental unit, killed in the course of performing his
12    official duties, to prevent the performance of his
13    official duties, or in retaliation for performing his
14    official duties, and the defendant knew or should have
15    known that the murdered individual was an emergency
16    medical technician - ambulance, emergency medical
17    technician - intermediate, emergency medical technician -
18    paramedic, ambulance driver, or other medical assistance
19    or first aid personnel; or
20        (13) (blank) the defendant was a principal
21    administrator, organizer, or leader of a calculated
22    criminal drug conspiracy consisting of a hierarchical
23    position of authority superior to that of all other
24    members of the conspiracy, and the defendant counseled,
25    commanded, induced, procured, or caused the intentional
26    killing of the murdered person; or

 

 

SB3714- 37 -LRB102 24196 RLC 33424 b

1        (14) (blank) the murder was intentional and involved
2    the infliction of torture. For the purpose of this Section
3    torture means the infliction of or subjection to extreme
4    physical pain, motivated by an intent to increase or
5    prolong the pain, suffering or agony of the victim; or
6        (15) (blank) the murder was committed as a result of
7    the intentional discharge of a firearm by the defendant
8    from a motor vehicle and the victim was not present within
9    the motor vehicle; or
10        (16) (blank) the murdered individual was 60 years of
11    age or older and the death resulted from exceptionally
12    brutal or heinous behavior indicative of wanton cruelty;
13    or
14        (17) (blank) the murdered individual was a person with
15    a disability and the defendant knew or should have known
16    that the murdered individual was a person with a
17    disability. For purposes of this paragraph (17), "person
18    with a disability" means a person who suffers from a
19    permanent physical or mental impairment resulting from
20    disease, an injury, a functional disorder, or a congenital
21    condition that renders the person incapable of adequately
22    providing for his or her own health or personal care; or
23        (18) (blank) the murder was committed by reason of any
24    person's activity as a community policing volunteer or to
25    prevent any person from engaging in activity as a
26    community policing volunteer; or

 

 

SB3714- 38 -LRB102 24196 RLC 33424 b

1        (19) (blank) the murdered individual was subject to an
2    order of protection and the murder was committed by a
3    person against whom the same order of protection was
4    issued under the Illinois Domestic Violence Act of 1986;
5    or
6        (20) (blank) the murdered individual was known by the
7    defendant to be a teacher or other person employed in any
8    school and the teacher or other employee is upon the
9    grounds of a school or grounds adjacent to a school, or is
10    in any part of a building used for school purposes; or
11        (21) (blank) the murder was committed by the defendant
12    in connection with or as a result of the offense of
13    terrorism as defined in Section 29D-14.9 of this Code; or
14        (22) (blank); or the murdered individual was a member
15    of a congregation engaged in prayer or other religious
16    activities at a church, synagogue, mosque, or other
17    building, structure, or place used for religious worship.
18        (23) the murdered individual was an investigator or
19    caseworker with the Adult Protective Services Program or
20    an ombudsman under the State Long Term Care Ombudsman
21    Program of the Department on Aging, an investigator or
22    employee of the Department of Children and Family
23    Services, a special agent with the Illinois Liquor Control
24    Commission or the Department of Revenue.
25    (b-5) Aggravating Factor; Natural Life Imprisonment. A
26defendant who has been found guilty of first degree murder and

 

 

SB3714- 39 -LRB102 24196 RLC 33424 b

1who at the time of the commission of the offense had attained
2the age of 18 years or more may be sentenced to natural life
3imprisonment if (i) the murdered individual was a physician,
4physician assistant, psychologist, nurse, or advanced practice
5registered nurse, (ii) the defendant knew or should have known
6that the murdered individual was a physician, physician
7assistant, psychologist, nurse, or advanced practice
8registered nurse, and (iii) the murdered individual was killed
9in the course of acting in his or her capacity as a physician,
10physician assistant, psychologist, nurse, or advanced practice
11registered nurse, or to prevent him or her from acting in that
12capacity, or in retaliation for his or her acting in that
13capacity.
14    (c) Consideration of factors in Aggravation and
15Mitigation.
16    The court shall consider, or shall instruct the jury to
17consider any aggravating and any mitigating factors which are
18relevant to the imposition of the death penalty. Aggravating
19factors may include but need not be limited to those factors
20set forth in subsection (b). Mitigating factors may include
21but need not be limited to the following:
22        (1) the defendant has no significant history of prior
23    criminal activity;
24        (2) the murder was committed while the defendant was
25    under the influence of extreme mental or emotional
26    disturbance, although not such as to constitute a defense

 

 

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1    to prosecution;
2        (3) the murdered individual was a participant in the
3    defendant's homicidal conduct or consented to the
4    homicidal act;
5        (4) the defendant acted under the compulsion of threat
6    or menace of the imminent infliction of death or great
7    bodily harm;
8        (5) the defendant was not personally present during
9    commission of the act or acts causing death;
10        (6) the defendant's background includes a history of
11    extreme emotional or physical abuse;
12        (7) the defendant suffers from a reduced mental
13    capacity.
14    Provided, however, that an action that does not otherwise
15mitigate first degree murder cannot qualify as a mitigating
16factor for first degree murder because of the discovery,
17knowledge, or disclosure of the victim's sexual orientation as
18defined in Section 1-103 of the Illinois Human Rights Act.
19    (d) Separate sentencing hearing.
20    Where requested by the State, the court shall conduct a
21separate sentencing proceeding to determine the existence of
22factors set forth in subsection (b) and to consider any
23aggravating or mitigating factors as indicated in subsection
24(c). The proceeding shall be conducted:
25        (1) before the jury that determined the defendant's
26    guilt; or

 

 

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1        (2) before a jury impanelled for the purpose of the
2    proceeding if:
3            A. the defendant was convicted upon a plea of
4        guilty; or
5            B. the defendant was convicted after a trial
6        before the court sitting without a jury; or
7            C. the court for good cause shown discharges the
8        jury that determined the defendant's guilt; or
9        (3) before the court alone if the defendant waives a
10    jury for the separate proceeding.
11    (e) Evidence and Argument.
12    During the proceeding any information relevant to any of
13the factors set forth in subsection (b) may be presented by
14either the State or the defendant under the rules governing
15the admission of evidence at criminal trials. Any information
16relevant to any additional aggravating factors or any
17mitigating factors indicated in subsection (c) may be
18presented by the State or defendant regardless of its
19admissibility under the rules governing the admission of
20evidence at criminal trials. The State and the defendant shall
21be given fair opportunity to rebut any information received at
22the hearing.
23    (f) Proof.
24    The burden of proof of establishing the existence of any
25of the factors set forth in subsection (b) is on the State and
26shall not be satisfied unless established beyond a reasonable

 

 

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1doubt.
2    (g) Procedure - Jury.
3    If at the separate sentencing proceeding the jury finds
4that none of the factors set forth in subsection (b) exists,
5the court shall sentence the defendant to a term of
6imprisonment under Chapter V of the Unified Code of
7Corrections. If there is a unanimous finding by the jury that
8one or more of the factors set forth in subsection (b) exist,
9the jury shall consider aggravating and mitigating factors as
10instructed by the court and shall determine whether the
11sentence of death shall be imposed. If the jury determines
12unanimously, after weighing the factors in aggravation and
13mitigation, that death is the appropriate sentence, the court
14shall sentence the defendant to death. If the court does not
15concur with the jury determination that death is the
16appropriate sentence, the court shall set forth reasons in
17writing including what facts or circumstances the court relied
18upon, along with any relevant documents, that compelled the
19court to non-concur with the sentence. This document and any
20attachments shall be part of the record for appellate review.
21The court shall be bound by the jury's sentencing
22determination.
23    If after weighing the factors in aggravation and
24mitigation, one or more jurors determines that death is not
25the appropriate sentence, the court shall sentence the
26defendant to a term of imprisonment under Chapter V of the

 

 

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1Unified Code of Corrections.
2    (h) Procedure - No Jury.
3    In a proceeding before the court alone, if the court finds
4that none of the factors found in subsection (b) exists, the
5court shall sentence the defendant to a term of imprisonment
6under Chapter V of the Unified Code of Corrections.
7    If the Court determines that one or more of the factors set
8forth in subsection (b) exists, the Court shall consider any
9aggravating and mitigating factors as indicated in subsection
10(c). If the Court determines, after weighing the factors in
11aggravation and mitigation, that death is the appropriate
12sentence, the Court shall sentence the defendant to death.
13    If the court finds that death is not the appropriate
14sentence, the court shall sentence the defendant to a term of
15imprisonment under Chapter V of the Unified Code of
16Corrections.
17    (h-5) Decertification as a capital case.
18    In a case in which the defendant has been found guilty of
19first degree murder by a judge or jury, or a case on remand for
20resentencing, and the State seeks the death penalty as an
21appropriate sentence, on the court's own motion or the written
22motion of the defendant, the court may decertify the case as a
23death penalty case if the court finds that the only evidence
24supporting the defendant's conviction is the uncorroborated
25testimony of an informant witness, as defined in Section
26115-21 of the Code of Criminal Procedure of 1963, concerning

 

 

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1the confession or admission of the defendant or that the sole
2evidence against the defendant is a single eyewitness or
3single accomplice without any other corroborating evidence. If
4the court decertifies the case as a capital case under either
5of the grounds set forth above, the court shall issue a written
6finding. The State may pursue its right to appeal the
7decertification pursuant to Supreme Court Rule 604(a)(1). If
8the court does not decertify the case as a capital case, the
9matter shall proceed to the eligibility phase of the
10sentencing hearing.
11    (i) Appellate Procedure.
12    The conviction and sentence of death shall be subject to
13automatic review by the Supreme Court. Such review shall be in
14accordance with rules promulgated by the Supreme Court. The
15Illinois Supreme Court may overturn the death sentence, and
16order the imposition of imprisonment under Chapter V of the
17Unified Code of Corrections if the court finds that the death
18sentence is fundamentally unjust as applied to the particular
19case. If the Illinois Supreme Court finds that the death
20sentence is fundamentally unjust as applied to the particular
21case, independent of any procedural grounds for relief, the
22Illinois Supreme Court shall issue a written opinion
23explaining this finding.
24    (j) Disposition of reversed death sentence.
25    In the event that the death penalty in this Act is held to
26be unconstitutional by the Supreme Court of the United States

 

 

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1or of the State of Illinois, any person convicted of first
2degree murder shall be sentenced by the court to a term of
3imprisonment under Chapter V of the Unified Code of
4Corrections.
5    In the event that any death sentence pursuant to the
6sentencing provisions of this Section is declared
7unconstitutional by the Supreme Court of the United States or
8of the State of Illinois, the court having jurisdiction over a
9person previously sentenced to death shall cause the defendant
10to be brought before the court, and the court shall sentence
11the defendant to a term of imprisonment under Chapter V of the
12Unified Code of Corrections.
13    (k) Guidelines for seeking the death penalty.
14    The Attorney General and State's Attorneys Association
15shall consult on voluntary guidelines for procedures governing
16whether or not to seek the death penalty. The guidelines do not
17have the force of law and are only advisory in nature.
18(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
19100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.
207-1-21.)
 
21    Section 110. The Code of Criminal Procedure of 1963 is
22amended by changing Sections 113-3 and 119-1 as follows:
 
23    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
24    Sec. 113-3. (a) Every person charged with an offense shall

 

 

SB3714- 46 -LRB102 24196 RLC 33424 b

1be allowed counsel before pleading to the charge. If the
2defendant desires counsel and has been unable to obtain same
3before arraignment the court shall recess court or continue
4the cause for a reasonable time to permit defendant to obtain
5counsel and consult with him before pleading to the charge. If
6the accused is a dissolved corporation, and is not represented
7by counsel, the court may, in the interest of justice, appoint
8as counsel a licensed attorney of this State.
9    (b) In all cases, except where the penalty is a fine only,
10if the court determines that the defendant is indigent and
11desires counsel, the Public Defender shall be appointed as
12counsel. If there is no Public Defender in the county or if the
13defendant requests counsel other than the Public Defender and
14the court finds that the rights of the defendant will be
15prejudiced by the appointment of the Public Defender, the
16court shall appoint as counsel a licensed attorney at law of
17this State, except that in a county having a population of
182,000,000 or more the Public Defender shall be appointed as
19counsel in all misdemeanor cases where the defendant is
20indigent and desires counsel unless the case involves multiple
21defendants, in which case the court may appoint counsel other
22than the Public Defender for the additional defendants. The
23court shall require an affidavit signed by any defendant who
24requests court-appointed counsel. Such affidavit shall be in
25the form established by the Supreme Court containing
26sufficient information to ascertain the assets and liabilities

 

 

SB3714- 47 -LRB102 24196 RLC 33424 b

1of that defendant. The Court may direct the Clerk of the
2Circuit Court to assist the defendant in the completion of the
3affidavit. Any person who knowingly files such affidavit
4containing false information concerning his assets and
5liabilities shall be liable to the county where the case, in
6which such false affidavit is filed, is pending for the
7reasonable value of the services rendered by the public
8defender or other court-appointed counsel in the case to the
9extent that such services were unjustly or falsely procured.
10    (c) Upon the filing with the court of a verified statement
11of services rendered the court shall order the county
12treasurer of the county of trial to pay counsel other than the
13Public Defender a reasonable fee. The court shall consider all
14relevant circumstances, including but not limited to the time
15spent while court is in session, other time spent in
16representing the defendant, and expenses reasonably incurred
17by counsel. In counties with a population greater than
182,000,000, the court shall order the county treasurer of the
19county of trial to pay counsel other than the Public Defender a
20reasonable fee stated in the order and based upon a rate of
21compensation of not more than $40 for each hour spent while
22court is in session and not more than $30 for each hour
23otherwise spent representing a defendant, and such
24compensation shall not exceed $150 for each defendant
25represented in misdemeanor cases and $1250 in felony cases, in
26addition to expenses reasonably incurred as hereinafter in

 

 

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1this Section provided, except that, in extraordinary
2circumstances, payment in excess of the limits herein stated
3may be made if the trial court certifies that such payment is
4necessary to provide fair compensation for protracted
5representation. A trial court may entertain the filing of this
6verified statement before the termination of the cause, and
7may order the provisional payment of sums during the pendency
8of the cause.
9    (d) In capital cases, in addition to counsel, if the court
10determines that the defendant is indigent the court may, upon
11the filing with the court of a verified statement of services
12rendered, order the county Treasurer of the county of trial to
13pay necessary expert witnesses for defendant reasonable
14compensation stated in the order not to exceed $250 for each
15defendant.
16    (e) If the court in any county having a population greater
17than 2,000,000 determines that the defendant is indigent the
18court may, upon the filing with the court of a verified
19statement of such expenses, order the county treasurer of the
20county of trial, in such counties having a population greater
21than 2,000,000 to pay the general expenses of the trial
22incurred by the defendant not to exceed $50 for each
23defendant.
24    (f) The provisions of this Section relating to appointment
25of counsel, compensation of counsel, and payment of expenses
26in capital cases apply except when the compensation and

 

 

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1expenses are being provided under the Capital Crimes
2Litigation Act of 2022.
3(Source: P.A. 91-589, eff. 1-1-00.)
 
4    (725 ILCS 5/119-1)
5    Sec. 119-1. Death penalty restored abolished.
6    (a) (Blank). Beginning on the effective date of this
7amendatory Act of the 96th General Assembly, notwithstanding
8any other law to the contrary, the death penalty is abolished
9and a sentence to death may not be imposed.
10    (b) All unobligated and unexpended moneys remaining in the
11Capital Litigation Trust Fund on the effective date of this
12amendatory Act of the 96th General Assembly shall be
13transferred into the Death Penalty Abolition Fund on the
14effective date of this amendatory Act of the 102nd General
15Assembly shall be transferred into the Capital Litigation
16Trust Fund , a special fund in the State treasury, to be
17expended by the Illinois Criminal Justice Information
18Authority, for services for families of victims of homicide or
19murder and for training of law enforcement personnel.
20(Source: P.A. 96-1543, eff. 7-1-11.)
 
21    Section 115. The State Appellate Defender Act is amended
22by changing Section 10 as follows:
 
23    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)

 

 

SB3714- 50 -LRB102 24196 RLC 33424 b

1    Sec. 10. Powers and duties of State Appellate Defender.
2    (a) The State Appellate Defender shall represent indigent
3persons on appeal in criminal and delinquent minor
4proceedings, when appointed to do so by a court under a Supreme
5Court Rule or law of this State.
6    (b) The State Appellate Defender shall submit a budget for
7the approval of the State Appellate Defender Commission.
8    (c) The State Appellate Defender may:
9        (1) maintain a panel of private attorneys available to
10    serve as counsel on a case basis;
11        (2) establish programs, alone or in conjunction with
12    law schools, for the purpose of utilizing volunteer law
13    students as legal assistants;
14        (3) cooperate and consult with state agencies,
15    professional associations, and other groups concerning the
16    causes of criminal conduct, the rehabilitation and
17    correction of persons charged with and convicted of crime,
18    the administration of criminal justice, and, in counties
19    of less than 1,000,000 population, study, design, develop
20    and implement model systems for the delivery of trial
21    level defender services, and make an annual report to the
22    General Assembly;
23        (4) hire investigators to provide investigative
24    services to appointed counsel and county public defenders;
25        (5) (blank);
26        (5.1) in cases in which a death sentence is an

 

 

SB3714- 51 -LRB102 24196 RLC 33424 b

1    authorized disposition, provide trial counsel with legal
2    assistance and the assistance of expert witnesses,
3    investigators, and mitigation specialists from funds
4    appropriated to the State Appellate Defender specifically
5    for that purpose by the General Assembly. The Office of
6    State Appellate Defender shall not be appointed to serve
7    as trial counsel in capital cases;
8        (5.5) provide training to county public defenders;
9        (5.7) provide county public defenders with the
10    assistance of expert witnesses and investigators from
11    funds appropriated to the State Appellate Defender
12    specifically for that purpose by the General Assembly. The
13    Office of the State Appellate Defender shall not be
14    appointed to act as trial counsel;
15        (6) develop a Juvenile Defender Resource Center to:
16    (i) study, design, develop, and implement model systems
17    for the delivery of trial level defender services for
18    juveniles in the justice system; (ii) in cases in which a
19    sentence of incarceration or an adult sentence, or both,
20    is an authorized disposition, provide trial counsel with
21    legal advice and the assistance of expert witnesses and
22    investigators from funds appropriated to the Office of the
23    State Appellate Defender by the General Assembly
24    specifically for that purpose; (iii) develop and provide
25    training to public defenders on juvenile justice issues,
26    utilizing resources including the State and local bar

 

 

SB3714- 52 -LRB102 24196 RLC 33424 b

1    associations, the Illinois Public Defender Association,
2    law schools, the Midwest Juvenile Defender Center, and pro
3    bono efforts by law firms; and (iv) make an annual report
4    to the General Assembly.
5    Investigators employed by the Capital Trial Assistance
6Unit and Capital Post Conviction Unit of the State Appellate
7Defender shall be authorized to inquire through the Illinois
8State Police or local law enforcement with the Law Enforcement
9Agencies Data System (LEADS) under Section 2605-375 of the
10Civil Administrative Code of Illinois to ascertain whether
11their potential witnesses have a criminal background,
12including, but not limited to: (i) warrants; (ii) arrests;
13(iii) convictions; and (iv) officer safety information. This
14authorization applies only to information held on the State
15level and shall be used only to protect the personal safety of
16the investigators. Any information that is obtained through
17this inquiry may not be disclosed by the investigators.
18    (c-5) For each State fiscal year, the State Appellate
19Defender shall request a direct appropriation from the Capital
20Litigation Trust Fund for expenses incurred by the State
21Appellate Defender in providing assistance to trial attorneys
22under paragraph (5.1) of subsection (c) of this Section and
23for expenses incurred by the State Appellate Defender in
24representing petitioners in capital cases in post-conviction
25proceedings under Article 122 of the Code of Criminal
26Procedure of 1963 and in relation to petitions filed under

 

 

SB3714- 53 -LRB102 24196 RLC 33424 b

1Section 2-1401 of the Code of Civil Procedure in relation to
2capital cases and for the representation of those petitioners
3by attorneys approved by or contracted with the State
4Appellate Defender and an appropriation to the State Treasurer
5for payments from the Trust Fund for the defense of cases in
6counties other than Cook County. The State Appellate Defender
7may appear before the General Assembly at other times during
8the State's fiscal year to request supplemental appropriations
9from the Trust Fund to the State Treasurer.
10    (d) (Blank).
11    (e) The requirement for reporting to the General Assembly
12shall be satisfied by filing copies of the report as required
13by Section 3.1 of the General Assembly Organization Act and
14filing such additional copies with the State Government Report
15Distribution Center for the General Assembly as is required
16under paragraph (t) of Section 7 of the State Library Act.
17(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)

 

 

SB3714- 54 -LRB102 24196 RLC 33424 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 140/7.5
5    30 ILCS 105/5.965 new
6    30 ILCS 105/5.790 rep.
7    720 ILCS 5/9-1from Ch. 38, par. 9-1
8    725 ILCS 5/113-3from Ch. 38, par. 113-3
9    725 ILCS 5/119-1
10    725 ILCS 105/10from Ch. 38, par. 208-10